This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0703a.PEL
DATE: 1/18/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 703 Pub. Rec. and Meetings/Postsecondary Education Executive Search
SPONSOR(S): Post-Secondary Education & Lifelong Learning Subcommittee, Garrison
TIED BILLS: None IDEN./SIM. BILLS: SB 520
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Post-Secondary Education & Lifelong Learning
Subcommittee
14 Y, 4 N, As
CS
Wolff Kiner
2) Government Operations Subcommittee
3) Education & Employment Committee
SUMMARY ANALYSIS
State University System (SUS) and Florida College System (FCS) institutions often establish search
committees for filling a vacant president position. The purpose of a search committee is to locate qualified
applicants who are interested in filling the vacant position at the university or institution, vetting applicants, and
selecting a candidate to fill the position. Records held by a search committee are public records, and all
meetings of the search committee are open and noticed to the public.
The bill creates an exemption from public record and public meeting requirements for information associated
with the applicant recruitment process and discussions associated with the applicant search for the position of
president of a SUS or FCS institution.
The bill provides that any personal identifying information of an applicant for president of a SUS or FCS
institution held by the institution is confidential and exempt from public record requirements. The bill provides
that the personal identifying information of applicants who comprise a final group of applicants for president is
no longer confidential and exempt from public record requirements once the final group of applicants is
established or at least 14 days before the date of a meeting at which either an interview is conducted or at
which final action or a vote is to be taken on the employment of applicants, whichever is earlier.
The bill also creates a public meeting exemption for any meeting held for the purpose of identifying or vetting
applicants for president of a SUS or FCS institution, including any portion of a meeting that would disclose the
personal identifying information of applicants. However, a recording must be made of any closed portion of a
meeting and the meeting cannot be held off the record. The recording is exempt from public record
requirements. The public meeting exemption does not apply to a meeting held for the purpose of establishing
the qualifications of potential applicants or establishing a compensation framework. Any meeting held after a
final group of applicants has been selected at which an interview is to be conducted or at which final action or a
vote is to be taken on the employment of applicants must be open to the public.
The bill provides that this public meeting and public record exemptions are subject to the Open Government
Sunset Review Act and will stand repealed on October 2, 2027, unless the Legislature reviews and reenacts
the exemptions by that date. It also provides a statement of public necessity as required by the State
Constitution.
The bill may have a minimal fiscal impact on state universities and FCS institutions.
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members present and voting
for final passage of a newly created public record or public meeting exemption. The bill creates public
record and public meeting exemptions; thus, it requires a two-thirds vote for final passage.
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DATE: 1/18/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Public Records and Meetings
Public Records Law
Article I, s. 24(a) of the State Constitution sets forth the state’s public policy regarding access to
government records. The section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government.
Public policy regarding access to government records is addressed further in the Florida Statutes.
Section 119.07(1), F.S., guarantees every person a right to inspect and copy any state, county, or
municipal record.
Public Meetings Law
Article I, s. 24(b) of the State Constitution sets forth the state’s public policy regarding access to
government meetings. The section requires all meetings of any collegial public body of the executive
branch of state government or of any collegial public body of a county, municipality, school district, or
special district, at which official acts are to be taken or at which public business of such body is to be
transacted or discussed, be open and noticed to the public.
Public policy regarding access to government meetings also is addressed in the Florida Statutes.
Section 286.011, F.S., known as the “Government in the Sunshine Law” or “Sunshine Law,” further
requires that all meetings of any board or commission of any state agency or authority or of any agency
or authority of any county, municipal corporation, or political subdivision, at which official acts are to be
taken be open to the public at all times.
1
The board or commission must provide reasonable notice of
all public meetings.
2
Minutes of a public meeting must be promptly recorded and open to public
inspection.
3
No resolution, rule, or formal action is considered binding unless action is taken or made at a public
meeting.
4
Acts taken by a board or commission in violation of this requirement are considered void,
5
though a failure to comply with open meeting requirements may be cured by independent final action
by the board or commission fully in compliance with public meeting requirements.
6
Public Record and Public Meeting Exemptions
The Legislature may provide by general law for the exemption of records and meetings from the
requirements of art. I, s. 24(a) and (b) of the State Constitution. The general law must state with
specificity the public necessity justifying the exemption (public necessity statement) and must be no
broader than necessary to accomplish its purpose.
7
1
Section 286.011(1), F.S.
2
Id.
3
Section 286.011(2), F.S.
4
Section 286.011(1), F.S.
5
Grapski v. City of Alachua, 31 So. 3d 193 (Fla. 1st DCA 2010).
6
Finch v. Seminole Cnty. Sch. Bd., 995 So. 2d 1068 (Fla. 5th DCA 2008).
7
Article I, s. 24(c), Fla. Const. STORAGE NAME: h0703a.PEL PAGE: 3
DATE: 1/18/2022
Furthermore, the Open Government Sunset Review Act
8
provides that a public record or public meeting
exemption may be created or maintained only if it serves an identifiable public purpose. The exemption
may be no broader than is necessary to meet one of the following purposes:
9
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only information that would identify an individual may
be exempted under this provision; or
Protect trade or business secrets.
The Open Government Sunset Review Act requires the automatic repeal of a newly created exemption
on October 2
nd
of the fifth year after creation or substantial amendment, unless the Legislature reenacts
the exemption.
10
State Universities and Florida College System Institutions
Board of Governors and State University Boards of Trustees
Florida’s State University System (SUS) is composed of twelve public state universities.
11
The Board of
Governors (BOG) has the authority to regulate the State University System pursuant to Art. IX, s. 7(d)
of the State Constitution and the Florida Statutes.
12
The BOG may develop procedures for adopting
regulations to implement its constitutional duties.
13
Each state university is administered by a board of trustees, which is subject to public record and open
meetings laws.
14
The BOG establishes the powers and duties of the boards of trustees and may
delegate its constitutional or statutory powers and duties to the boards of trustees as its designee.
15
The BOG establishes the personnel system for all state university employees and confirms the
selection and reappointment of presidents by state university boards of trustees.
16
State Board of Education and Florida College System Institution Boards of Trustees
The Florida College System (FCS) is composed of twenty-eight public community and state colleges
17
governed by boards of trustees.
18
The State Board of Education (SBE)
19
establishes the standards and
guidelines for FCS institutions.
20
Each board of trustees is authorized to establish the personnel program for all employees of a FCS
institution, including the president.
21
The established guidelines for the personnel program may include
the recruitment, selection, or reappointment of personnel.
22
A FCS institution’s board of trustees is
authorized to appoint, suspend, or remove the president and may appoint a search committee to fill the
8
Section 119.15, F.S.
9
Section 119.15(6)(b), F.S.
10
Section 119.15(3), F.S.
11
Article IX, s. 7(b), Fla. Const.; see also 1000.21(6)(a)-(l), F.S.
12
Sections 20.155 and 1001.70-1001.706, F.S. see also s. 1001.705(a) and (d), F.S., defining the terms “Board of Governors” and
“state universities” as used in the Florida K-20 Education Code.
13
Section 1001.706(2), F.S.
14
Article IX, s. 7(b)-(c), Fla. Const.; see also s. 1001.72(2), F.S.
15
Article IX, s. 7(c), Fla. Const.; see also s. 1001.706(2)(b), F.S.
16
Sections 1001.705(2)(k) and 1001.706(6)(a), F.S.; see also Florida Board of Governors, Regulation 1.001 University Board of
Trustees Powers and Duties, (5)(c), available at https://www.flbog.edu/wp-content/uploads/1_001-PowersandDuties.pdf.
17
See s. 1000.21(3), F.S., for a definition and list of each “Florida College System institution.” Such institutions constitute political
subdivisions of the state operated by boards of trustees. See s. 1004.67 and ss. 1001.61-1001.64, F.S.
18
Sections 1001.60, 1001.61(1) and (2), and 1001.64(2), F.S.
19
Article IX, s. 2, Fla. Const.
20
Section 20.15(1), (2), and (5); see also s. 1001.02(1) and (6), F.S.
21
Section 1001.64(18), F.S.; see also s. 1001.02(6)(a), F.S.
22
Section 1001.64(18), F.S. STORAGE NAME: h0703a.PEL PAGE: 4
DATE: 1/18/2022
vacancy.
23
The board of trustees must notify the SBE of the appointment of a president immediately
upon such action.
24
Search Committees
State universities
25
and FCS institutions
26
often establish search committees for filling a vacant
president position. The purpose of a search committee is to locate qualified applicants who are
interested in filling the vacant position at the university or institution, vetting applicants, and selecting a
candidate to fill the position. The search committees may utilize consultants to aid them in their search.
During a presidential search, SUS institution boards of trustees are required to obtain an executive
compensation analysis for use by the search committee and must provide the search committee with
the scope of the search, the estimated timeline for the search, and the committees responsibilities.
27
SUS institution search committees must fulfill specified responsibilities, including the following:
28
Oversight of a webpage on the institution’s website providing the public with information on the
presidential search;
Developing recommended position criteria;
Approving a marketing plan;
Vetting applicants; and
Recommending more than two qualified applicants to the board of trustees for consideration.
Information obtained by a search committee or consultant, including applications and other information
gathered by a committee or consultant regarding applicants, must be made available for copying and
inspection upon request. In addition, any meetings associated with the search process, including
vetting of applicants, are open to the public.
29
Effect of Proposed Changes
The bill creates an exemption from public record and public meeting requirements for information
associated with the applicant recruitment process and discussions associated with the applicant search
for the position of president of a state university or FCS institution.
The bill provides that any personal identifying information of an applicant for president of a state
university or FCS institution held by the institution is confidential and exempt
30
from public record
requirements. The bill provides that the personal identifying information of applicants who comprise a
final group of applicants for president is no longer confidential and exempt from public record
23
Section 1001.64(19), F.S.
24
Rule 6A-14.026, F.A.C.
25
Florida Board of Governors, Regulation 1.001 University Board of Trustees Powers and Duties, (5)(c), available at
https://www.flbog.edu/wp-content/uploads/1_001-PowersandDuties.pdf.; see also Florida Board of Governors, Regulation 1.002
Presidential Search and Selection, available at https://www.flbog.edu/wp-content/uploads/1.002-Presidential-Search-and-
Selection.pdf .
26
Section 1001.64(19), F.S.
27
Board of Governors, Regulation 1.002 Presidential Search and Selection, (1)(b), available at https://www.flbog.edu/wp-
content/uploads/1.002-Presidential-Search-and-Selection.pdf.
28
Board of Governors, Regulation 1.002 Presidential Search and Selection, (1)(c), available at https://www.flbog.edu/wp-
content/uploads/1.002-Presidential-Search-and-Selection.pdf.
29
FCS institutions and state universities are considered state agencies, subject to public records and public meetings laws. See Wood v.
Marston, 442 So. 2d 934, 938 (Fla. 1983) (holding that a University of Florida screening committee was subject to Florida’s Sunshine
Law); Rhea v. Dist. Bd. of Trs. of Santa Fe College, 109 So. 3d. 851 at 855, n. 1 (Fla. 1st DCA 2013) (noting that Santa Fe College, as
part of the Florida College System, is a state agency having a duty to provide access to public records).
30
There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5
th
DCA
1991). If the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by the
custodian of public records, to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 08-
24 (2008). STORAGE NAME: h0703a.PEL PAGE: 5
DATE: 1/18/2022
requirements once a final group of applicants is established or 14 days before the date of a meeting at
which either an interview is conducted or at which final action or a vote is to be taken on the
employment of applicants, whichever is earlier. However, the personal identifying information of all
other applicants will remain confidential and exempt.
The bill also creates an exemption from public meeting requirements for any meeting held for the
purpose of identifying or vetting applicants for president of a state university or FCS institution,
including any portion of a meeting that would disclose the personal identifying information of applicants.
However, a recording must be made of any closed portion of a meeting and the meeting cannot be held
off the record. The recording is exempt from public record requirements. The public meeting exemption
does not apply to a meeting held for the purpose of establishing the qualifications of potential
applicants or establishing a compensation framework. In addition, any meeting held after a final group
of applicants has been selected must be open to the public.
The bill provides that the public record and public meeting exemptions are subject to the Open
Government Sunset Review Act and will be repealed on October 2, 2027, unless reviewed and saved
from repeal by the Legislature. It also provides a statement of public necessity as required by the State
Constitution.
B. SECTION DIRECTORY:
Section 1: Creates s. 1004.098, F.S.; providing an exemption from public records requirements for any
personal identifying information of an applicant for president of a state university or a Florida College
System institution held by a state university or a Florida College System institution; specifying when the
personal identifying information of applicants who are in the final group of applicants is no longer
confidential and exempt; providing an exemption from public meeting requirements for any portion of a
meeting held for the purpose of identifying or vetting applicants for president of a state university or a
Florida College System institution, including any portion of a meeting which would disclose certain
personal identifying information of such applicants; requiring that a recording be made of any portion of
a closed meeting which would disclose personal identifying information of such applicants; providing
that no portion of a closed meeting may be held off the record; providing that the recording of any
closed portion of a meeting is exempt from public records requirements; specifying that certain
meetings are not exempt from public meeting requirements; providing for future legislative review and
repeal of the exemptions.
Section 2: Providing a statement of public necessity as required by the State Constitution.
Section 3: Provides the act shall take effect upon becoming law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments. STORAGE NAME: h0703a.PEL PAGE: 6
DATE: 1/18/2022
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill likely could create a minimal fiscal impact on state universities and FCS institutions because
staff responsible for complying with public record requests and public meeting requirements could
require training to implement the public record and public meeting exemptions. In addition, state
universities and FCS institutions could incur costs associated with redacting the confidential and
exempt information prior to releasing a record and recording the closed portions of meetings. The
costs, however, would be absorbed, as they are part of the day-to-day responsibilities of the
universities and FCS institutions.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
Vote Requirement
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created public record or public meeting exemption. The bill
creates public record and public meeting exemptions; thus, it requires a two-thirds vote for final
passage.
Public Necessity Statement
Article I, s. 24(c) of the State Constitution requires a public necessity statement for a newly created
or expanded public record or public meeting exemption. The bill creates public record and public
meeting exemptions; thus, it includes a public necessity statement.
Breadth of Exemption
Article I, s. 24(c) of the State Constitution requires a newly created public record or public meeting
exemption to be no broader than necessary to accomplish the stated purpose of the law. The bill
creates a public record exemption for the personal identifying information of an applicant for
president of any state university or FCS institution. Once a final group of applicants is established or
14 days before the date of a meeting at which either an interview is conducted or at which final
action or a vote is to be taken on the employment of applicants, whichever is earlier, however, the
personal identifying information of the final group is no longer confidential and exempt. In addition,
the bill creates a public meeting exemption for any meeting wherein those applicants are vetted or
during which the personal identifying information of an applicant is discussed. The public meeting
exemption does not apply to meetings held for the purpose of establishing the qualifications of
potential applications or establishing a compensation framework and meetings held after a final
group of applicants have been selected at which an interview is conducted or at which final action or
a vote is taken. As such, the exemptions do not appear to be in conflict with the constitutional
requirement that the exemptions be no broader than necessary to accomplish the stated purpose.
B. RULE-MAKING AUTHORITY:
The bill does not confer rulemaking authority nor require rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS: STORAGE NAME: h0703a.PEL PAGE: 7
DATE: 1/18/2022
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On January 18, 2022, the Post-Secondary Education & Lifelong Learning Subcommittee adopted two
amendments and reported the bill favorably as a committee substitute. The amendments provide that the
personal identifying information of applicants who comprise a final group of applicants for president is no
longer confidential and exempt from public record requirements once a final group of applicants is
established or 14 days before the date of a meeting at which either an interview is conducted or at which
final action or a vote is to be taken on the employment of applicants, whichever is earlier and changes the
effective date of the bill to when the bill becomes law.
The bill analysis is drafted to the committee substitute adopted by the Post-Secondary Education &
Lifelong Learning Subcommittee.